23.4. 2025 item No.42 n.b.

ct. no. 24 WPA 6401 of 2025 Sekela Bibi Vs.

The State of West Bengal & Ors.

Mr. S. Majunder, Ms. Kalpita Paul, ….. for the petitioner. Mr. Suman Sengupta, Ms. Amrita Panja Moulick, …. For the State.

One Fazlur Rahaman was the MR dealer and had S. K. Oil Dealership licnce over the area at Bagmara, P.O. Jabra, P.S. Harishchandrapur, District. Malda. After his demise the licence was issued in favour of his son Shah Alam on compassionate ground. The said Ahah Alam expired on May 14, 2024. The present petitioner is the mother of the Shah Alam who filed a representation to the authority on February 10, 2025.

Learned counsel for the petitioner submits that the representation for the petitioner was not considered.

Hence this writ petition.

Ms. Amrita Panja Moulick, learned counsel appearing on behalf of the State authority submits that the petitioner never specified application for licence under compassionate appointment. There is specific provision to file an application within stipulated period for having licnece on compassionate ground. Thus, the representation was not considered by the authority concerned.

Having heard learned counsel for the parties, it true that there is specific provision for applying licnece on compassionate ground. The petitioner is not filed the apecified application. The petitioner must have filed an application before the authority for considering of her prayer.

Under the above observation, the instant writ petition is disposed of.

The petitioner is directed to file an application according to the Control Order before the authority within two weeks from date; if such application for compassionate appoint is made, the authority must dispose of the same within six weeks thereafter, according to law.

This Court has not gone into the merit of this matter, the concerned authority shall dispose of the application according to law without being influenced by any observation of this Court.

Since no affidavits are exchanged, the allegation made in the writ petition is deemed to have not admitted.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

( Subhendu Samanta, J.)